Family & Safety

There are different types of protective and restraining orders that depend on the type of protection needed and who can ask for it:

• Order of Protection: A survivor of domestic violence, dating violence, or family violence can ask for this, which provides protection from the abuser.
• Civil No Contact Order: A survivor of rape, sexual assault, or sexual abuse can ask for this, which provides protection from the perpetrator.
• Stalking No Contact Order: A survivor of stalking can ask for this, which provides protection from a stalker.
• Firearms Restraining Order: A family or household member can ask for this to protect a person in crisis from harming themselves or others with a firearm, like a gun.  Law enforcement can also be a petitioner.
• Workplace Protection Restraining Order: An employer can ask for this to protect an employee who is a survivor of domestic violence from their abuser in the workplace.

The orders listed here are “civil” protective orders that are requested in civil court. There are also “criminal” protective orders that are requested by the State’s Attorney as part of a criminal case for the same act(s) of abuse. Pursuing a criminal protective order within a criminal case can minimize the trauma and inconvenience of attending separate proceedings to obtain a civil protective or restraining order. Criminal protective orders can be requested and granted at any time while the criminal case is pending or when it’s over.

Each type of protective and restraining order above has at least two durations:

• Plenary orders: orders that can last for several years, depending on the type. These orders are granted by a judge in court after a hearing where both the survivor (petitioner) and the abuser, stalker, or perpetrator (respondent) are given notice of the hearing and an opportunity to attend.
• Emergency orders: temporary orders that can be given by the judge after an “ex parte” hearing, meaning a hearing where only the survivor is present.  The abuser, stalker, or perpetrator does not need to be notified for an “ex parte” hearing because it is meant to protect the survivor in the time between when the petition for the protective order is filed and the hearing for the plenary order. An emergency order typically lasts 14 - 21 days, depending on the type.

Petitions for both the plenary and emergency orders can be filed with the court at the same time, and generally, if an emergency order is requested as a part of the initial petition, only one petition needs to be filed.

For a domestic violence Order of Protection (OP), the law allows for another type of order called an interim order in addition to the emergency order and plenary order.  If the abuser (respondent) has been served notice of the petition and upcoming hearing for the OP, or if there have been attempts to serve them, the judge can grant an interim OP for longer than 21 days.

Judges may also enter an order for longer than 21 days if the parties agree to a future scheduled court date.

Depending on the type of abuse and whether the abuser or assailant is a current or former family member, household member, or boyfriend or girlfriend, a survivor can decide what type of order is most appropriate.  A survivor can also use Which protective order is right for me? program or this Illinois Attorney General chart.